September 26, 2017

Guidance on Employment Tribunal fees

The Ministry of Justice and Her Majesty’s Courts and Tribunals Service are considering the implications of the decision in R (on the application of Unison) v Lord Chancellor [2017] in relation to claims that were rejected because fees were not correctly paid, or an application for the remission of fees was refused. The stay on applications brought under either of these categories has now been lifted. They will be dealt with in accordance with the administrative arrangements to be announced by the Ministry of Justice and Her Majesty’s Courts and Tribunals Service.

A key issue still to be determined is how the Government’s plan to repay all Employment Tribunal and Appeal Employment Tribunal fees since their introduction in 2013 - an estimated £32 million - will be implemented. The Employment Tribunals (England and Wales) have stated that they hope to be in a position to announce the details of the refund scheme this month.

Current guidance for claimants is to wait until a decision has been announced in respect of both issuing claims, if you fall within one of the categories set out above, and how fees will be refunded. Alternatively, you are advised to contact your local Employment Tribunal Office.


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